Information Booklet and Application Documents

LEGAL AID BOARD

INFORMATION BOOKLET AND APPLICATION DOCUMENTS

PLEASE READ CAREFULLY

The Legal Aid Board intends to hold a competition for the appointment to the position of

solicitor grade III

in

Dublin and Cork

Closing Date: 4pm on Tuesday, 17th January, 2017

The Legal Aid Board is committed to a policy of equal opportunity.

The Legal Aid Board will run this campaign in compliance with the codes of practice prepared by the Commission for Public Service Appointments (CPSA).

SOLICITOR GRADE III

Legal Aid Board

TABLE OF CONTENTS

Page

The Role 3 - 4

Qualifications 4 - 5

Principal Conditions of Service 6 - 10

Competition Process 10

Closing Date 10

Selection Methods 10

Confidentiality 11

Security Clearance 11

General Information 11 - 12

Candidates Obligations 12 - 13

Data Protection Acts 1988 & 2003 13

Solicitor Grade III, Legal Aid Board

The Legal Aid Board

The Legal Aid Board is an independent, publicly funded organisation. It has been in existence since 1979 and was set up as a statutory body on foot of the Civil Legal Aid Act 1995. The Board’s statutory remit was widened in 2011 to include responsibility for providing a family mediation service following the transfer of that service to the Board from the Family Support Agency.

The Board's Mission Statement, set out in its Corporate Plan 2015 – 2017, is “To facilitate the effective resolution of civil disputes through the delivery of efficient and accessible legal aid and mediation services and to effectively manage and administer the State’s criminal legal aid schemes.” The Corporate Plan sets out a number of steps that the Board has adopted in order to achieve the objective set out in its Mission Statement.

The Board itself consists of a chairperson and twelve ordinary members. They are appointed by the Minister for Justice and Equality and have a five-year term of office.

The Board has an executive management structure primarily located at its Head Office at Quay St, Cahirciveen, Co Kerry and also at an office at 48-49 North Brunswick St, Dublin 7.

The Board has thirty three full time law centres located throughout the country, as well as a Private Practitioner Service, a Refugee Documentation Centre and a library service located in central Dublin. Family mediation services are also provided from a further 16 locations.

More details about the Legal Aid Board can be obtained by accessing the Board’s website .

Overview of the Role

The role of any candidate offered appointment will be the provision of legal services in the form of aid and advice to the Board’s clients to whom legal aid and/or advice has been granted, within the terms of the Civil Legal Act, 1995, and the Civil Legal Aid Regulations, made thereunder.

The key aspect of the Solicitor’s role will be:

- the provision, personally, of a quality and timely legal service to applicants to whom legal advice and / or legal aid is granted by the Board, within the terms of the Act and the Regulations, and instructions issued from time to time by the Chief Executive or his/her nominee.

The main tasks for the Solicitor will be:

(i) Providing a quality legal service to clients, in a timely and professional manner;

(ii) Maintaining and submitting progress reports on cases on a regular basis to the Managing Solicitor and co-operating with the Managing Solicitor in the management of the solicitor’s performance and the ongoing monitoring of casefiles;

(iii) Co-operating with Head Office in the monitoring of and management of the solicitor’s performance, including the ongoing review of case files

(iv) Complying with any procedures concerning risk management/ performance review for solicitors in the Board;

(v) Advising of any significant development affecting the provision of a legal service to the public, for example, a forthcoming lengthy hearing which may impinge upon the solicitor’s ability to take on new clients for the duration thereof;

(vi) Attending regular staff meetings for the purpose of discussing progress reports, in terms of workload, complex cases and any other relevant matter,

(vii) Engagement with and use of the Board’s ICT systems, including the EOS case-management system,

(viii) Adherence to the Board’s guidelines and procedures forthe delivery of quality legal services.

Essential Entry Requirements:

Candidates must:

1. On or before Tuesday, 17th January, 2017be entitled to hold a Practising Certificate issued by the Incorporated Law Society of Ireland (without any restrictions attached) and must continue to be so entitled to hold such a certificate

1. Have:

(a)the ability to provide excellent legal services

(b)well developed advocacy skills

(c)demonstrated sound judgement, decisiveness, innovation and problem solving

ability when dealing with complex legal matters.

(d)demonstrated excellent interpersonal and teamworking skills, including the

ability to communicate effectively with a wide variety of people;

(e)a proven ability to work in a demanding and pressurised environment

(f)a strong results focus;

(g)a proven ability to provide excellent customer service;

(h)a willingness to engage with ICT and experience of legal databases

Competencies

The attention of candidates is drawn to the key competencies that have been developed for the role by the Legal Aid Board.

The competency framework has identified 10 key individual competencies associated with effective performance, clustered into 4 main dimensions as illustrated below:

Professional expertise & Knowledge / Using technology effectively for service delivery / Interpersonal and Communication Skills / Personal Drive
for Results

• Capacity to apply legal knowledge effectively;
• Understanding of court process and role of solicitor in dispute resolution

/

• Capacity to use legal databases

• Application of IT skills

/

• Teamworking
• Managing Solicitor/Client Relationship in a public service environment

• Communication

/

• Organisational Skills

• Results Orientated Approach

• Professional Integrity

GENERAL MATTERS

Eligibility to compete

Candidates should note that eligibility to compete is open to citizens of the European Economic Area (EEA). The EEA consists of the Member States of the European Union along with Iceland, Liechtenstein and Norway.

Incentivised Scheme for Early Retirement (ISER):

It is a condition of the Incentivised Scheme for Early Retirement (ISER) as set out in Department of Finance Circular 12/09 that retirees, under that Scheme, are debarred from applying for another position in the same employment or the same sector. Therefore, such retirees may not apply for this position.

Department of Health and Children Circular (7/2010):

The Department of Health Circular 7/2010 dated 1 November 2010 introduced a Targeted Voluntary Early Retirement (VER) Scheme and Voluntary Redundancy Schemes (VRS). It is a condition of the VER scheme that persons availing of the scheme will not be eligible for re-employment in the public health sector or in the wider public service or in a body wholly or mainly funded from public moneys. The same prohibition on re-employment applies under the VRS, except that the prohibition is for a period of 7 years, after which time any re-employment will require the approval of the Minister for Public Expenditure and Reform. People who availed of either of these schemes are not eligible to compete in this competition.

Declaration:

Applicants will be required to declare whether they have previously availed of a public service scheme of incentivised early retirement. Applicants will also be required to declare any entitlements to a Public Service pension benefit (in payment or preserved) from any other Public Service employment and/or where they have received a payment-in-lieu in respect of service in any Public Service employment.

Principal Conditions of Service

General

The appointment is to a position of Solicitor Grade III in the Legal Aid Board and is governed by the Civil Legal Aid Act, 1995, as amended.

Pay

The salary for the positionis as follows;

Solicitor Grade III Full PRSI Salary Scale –

€34,089 – €38,639 – €42,932 – €48,017 – €53,090–€58,216– €63,273 – €65,000 (LSI 1) – €65,000 (LSI2)

LSI1 may be payable after 3 years satisfactory service at the maximum, LSI2 may be payable after 6 years satisfactory service at the maximum.

This rate will apply where the appointee is newly recruited to the Civil Service and is making a personal pension contribution.

Important Note: Different pay and conditions may apply for existing civil / public servants.

Candidates should note that entry will be at the minimum of the scale.

The rate of remuneration may be adjusted from time to time in line with Government pay policy. Increments may be awarded annually subject to satisfactory performance.

Tenure

The appointment is to a permanent position in the Legal Aid Board.

Duties

The successful candidates may not engage in private practice or be connected with any outside business which would interfere with the performance of official duties or conflict in any way with the position of aSolicitor in the Legal Aid Board.

Headquarters

The headquarters of the successful candidates will be a law centre to be decided by the Legal Aid Board. When absent from home and headquarters on official duty a solicitor will be paid appropriate travelling expenses and subsistence allowances, subject to normal civil service regulations.

Hours of attendance

Hours of attendance will be fixed from time to time but will amount to not less than 43.25 hours gross per week. The Solicitor may be required to work such additional hours from time to time as may be reasonable and necessary for the proper performance of his/her duties subject to the limits set down in the working time regulations. The rate of remuneration payable covers any extra attendance liability that may arise from time to time.

Annual Leave

In addition to the usual public holidays the annual leave for this position is 25 days rising to 29 after 5 years service and to 30 after 10 years service.

Sick Leave

Pay during properly certified sick absence, provided there is no evidence of permanent disability for service, will apply in accordance with the provisions of the sick leave circulars.

Officers who will be paying the Class A rate of PRSI will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts direct to the Legal aid Board and payment during illness will be subject to the officer making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.

Superannuation and Retirement

The successful candidate will be offered the appropriate superannuation terms and conditions (including retirement age) as prevailing in the Legal Aid Board Staff Superannuation Scheme at the time of being offered an appointment.The current superannuationterms and conditions are set out below.

Candidates should be aware the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 became law on 28 July 2012. The Act provides for a Single Public Service Pension Scheme (the “Single Scheme”) for new public servants. It also makes certain other changes affecting existing public service pension arrangements. A copy of the Act can be viewed at

NB: Candidates should note that this may mean that pension and retirement age terms different from those currently set out below may accompany an offer of appointment.

At present the terms of the Pension Scheme and of the associated Spouses’ and Children’s Pension Scheme apply to appointments of this kind. Membership of these schemes is compulsory, and includes the following provisions with respect to pension terms, retirement age and associated conditions:

• New Entrant Status

If the candidate is deemed to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004), the minimum age at which pension is payable is 65 and there is no specified maximum retirement age for an appointee to this position.

If the candidate is deemed not to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004), the minimum age at which pension is payable is 60 and retirement age for an appointee to this position is compulsory on reaching 65 years’ of age.

At the time of being offered an appointment, the Legal Aid Board in consultation with the Department of Public Expenditure and Reform, where necessary,will, in the light of the appointee’s previous Public Service employment history, determine whether he or she is a “new entrant”. Appointees will be required to disclose their full public service history. Candidates are advised to consult section 2 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 in relation to the definition of “new entrant”. The text of section 2 and of the Act is available on the website

Note: A new maximum retirement age of 70 will apply to those who are members of the Single Scheme.

• Pension Abatement

Normal rules regarding abatement of pensions will apply, as appropriate. However, if the appointee was previously employed in the Civil Service and awarded a pension under voluntary early retirement arrangements (other than the Incentivised Scheme of Early Retirement (ISER) or the Department of Health Circular 7/2010 VER/VRS which, as indicated above, render a person ineligible for the competition) the entitlement to payment of that pension will cease with effect from the date of reappointment. Special arrangements will, however, be made for the reckoning of previous service given by the appointee for the purpose of any future superannuation award for which the appointee may be eligible.
If the appointee was previously employed in the Civil Service or in the Public Service please note that the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 includes a provision which extends abatement of pension for all Civil and Public Servants who are re-employed where a Public Service pension is in payment. This provision to apply abatement across the wider public service came into affect on 1 November 2012. This may have pension implications for any person appointed to this position who is currently in receipt of a Civil or Public Service pension or has a preserved Civil or Public Service pension which will come into payment during his/her employment in this position.

Department of Education and Skills Early Retirement Scheme for Teachers Circular 102/2007

The Department of Education and Skills introduced an Early Retirement Scheme for Teachers. It is a condition of the Early Retirement Scheme that with the exception of the situations set out in paragraphs 10.2 and 10.3 of the relevant circular, and with those exceptions only, if a teacher accepts early retirement under Strands 1, 2 or 3 of this scheme and is subsequently employed in any capacity in any area of the public sector, payment of pension to that person under the scheme will immediately cease. Pension payments will, however, be resumed on the cesser of such employment or on the person’s 60th birthday, whichever is the later, but on resumption, the pension will be based on the person’s actual reckonable service as a teacher (i.e. the added years previously granted will not be taken into account in the calculation of the pension payment).

Ill-Health Retirement

Please note that where an individual has retired from a Civil/Public Service body on the grounds of ill-health his/her pension from that employment may be subject to review in accordance with the rules of ill-health retirement within the pension scheme of that employment.

• Pension Accrual

If the appointee was previously employed in the Civil Service or the Public Service, please note that the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, includes a provision which imposes a 40 year limit on the total service which can be counted towards pension where a person has been a member of more than one existing public service pension scheme. This provision to impose a 40 year limit came into effect on 28 July 2012. This may have implications for any appointee who has acquired pension rights in a previous Public Service employment.

.

• Public Service Pension-Related Deduction

This appointment is subject to the public service pension-related deduction in accordance with the Financial Emergency Measures in the Public Interest Act 2009 (as amended).

For further information in relation to the pension scheme for Established Civil Servants please see the following website:

IMPORTANT NOTICE

Different pay and conditions may apply if, immediately prior to appointment, the appointee is

-already a serving civil servant who is paying Class B rate of PRSI, or

- serving in an unestablished capacity in the civil service and has had continuous service in that

capacity since 5 April 1995 or,

- serving elsewhere in the public sector in a position in respect of which she/he is paying Class

B, C or D rate of PRSI contribution.

The above represents the principal conditions of service and is not intended to be the comprehensive list of all terms and conditions of employment which will be set out in the employment contract to be agreed with the successful candidate.

COMPETITION PROCESS

How to apply

Completed application forms must be submitted to reach Solicitor Recruitment Competition, HR Section, Legal Aid Board, Quay Street, Cahirciveen, Co. Kerry by the above closing date.

Email:

The admission of a person to a competition, or invitation to attend an interview, is not to be taken as implying that the Legal Aid Board is satisfied that such person fulfils the requirements of the competition or is not disqualified by law from holding the position and does not carry a guarantee that your application will receive further consideration. It is important, therefore, for you to note that the onus is on you to ensure that you meet the eligibility requirements for the competition before attending for interview. If you do not meet these essential entry requirements but nevertheless attend for interview you will be putting yourself to unnecessary expense as the Legal Aid Board will not be responsible for refunding any expenses incurred.

Closing date

The completed application form must be forwarded so as to reach the Board not later than4pm on Tuesday, 17th January, 2017. If you do not receive an acknowledgement of receipt of your application within 2 working days of applying, please contact: Human Resources Sectionat 066 9471000.

Applicationforms are only available from our website at